PEOPLE OF MI V LAMAR ALEXANDER CARTER

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V LAMAR ALEXANDER CARTER
Docket No. 381446
LC No. 16-002798-01-FC
Philip P. Mariani
Presiding Judge
Christopher M. Murray
Brock A. Swartzle
Judges
The motion to waive fees is GRANTED for this case only.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal,
the trial court’s October 20, 2025 order is VACATED, and the matter remanded for further proceedings
consistent with this order. Defendant’s motion to appoint counsel was granted in 2023, but the trial court
never named counsel who would then assist defendant with the filing of his motion for relief from judgment.
Defendant subsequently filed a motion for relief from judgment, without the assistance of counsel, which
was denied. Given that the trial court granted the motion to appoint counsel, the trial court should not have
adjudicated the motion for relief from judgment without naming counsel for defendant and providing
counsel the opportunity to amend or supplement the motion as required by MCR 6.505(B). Accordingly,
we vacate the trial court’s order denying defendant’s motion for relief from judgment, and remand with
directions that the trial court identify counsel for defendant, provide counsel the opportunity to amend or
supplement the motion as provided in MCR 6.505(B), and then adjudicate the motion for relief from
judgment.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.
_______________________________
Presiding Judge
October 9, 2026
A true copy entered and certified by Jerome W. Zimmer Jr. , Chief Clerk, on
Date

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